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Comparative Reasoning in International Courts and Tribunals (Cambridge Studies in International and Comparative Law)

By: Daniel Peat (Author)

Manufacture on Demand

Ksh 8,100.00

Format: Paperback or Softback

ISBN-10: 1108401473

ISBN-13: 9781108401470

Collection / Series: Cambridge Studies in International and Comparative Law

Collection Type: Publisher collection

Publisher: Cambridge University Press

Imprint: Cambridge University Press

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Jul 9th, 2020

Publication Status: Active

Product extent: 292 Pages

Weight: 436.00 grams

Dimensions (height x width x thickness): 15.20 x 22.80 x 2.00 cms

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By adopting a comparative analysis of the practice of five international courts and tribunals, this book systematically describes and analyses the use of domestic law to interpret international law. The findings of the book, which blends doctrinal and theoretical approaches, will be of interest to practitioners and academic researchers alike.
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.

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